The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-08-16
LAND GRANT REVOKED.
100000 ACRES RESTORED TO
THE PUBLIC DOMAIN.

The Atlantic and Pacific Company's
Failure to Live UP to its Agreement
Results in Forfeiture-Several Other
Roads Come in for Similar Penalties.
WASHINGTON, Aug. 15.-Secretary La.
mar to-day revoked the order of withdrawal
of indemnity lands for the benefit of the
Atlantic and Pacific Railroad Company,
and In letter to the Commissioner of the
General Land Office directed that these in
demnity lands be restored to settlement
under the re-emption and homestead laws.
1t is stated that between $4,000, ,OOC
and 30000,000 acres are involved in
this decision in the case of the
Atlantic and Pacific company alone. The
above order also applies to all of the other
railroads named in the Secretary's rules of
May % last, except the st. Paul, Minneap-
oils and Manitoba, Hastings and Dakota,
st. Paul and Sioux City, Sioux City and
st. Paul, and Winona and st. Peter. These
are still under consideration and undecided.
THE CONCLUSION.
After long and elaborate review of the
cases the Secretary closes his letter to the
OOlllIltlSSlOllCl WIN ULIC lOuOWluG para
graphs: "On a full consideration Of the
whole subject | conclude that the withdraw
al for indemnity purposes if permissible
under the law was solely by virtue of ex-
ecutive authority, and may be revoked by
the same authority. That such revocation
would not be a violation of
either law or equity, and that said
lands having been SO long withheld for the
benefit Of the company the time has ar
rived when public policy and Justice de-
mand that the withdrawal should be re-
voked and some regard had for the rights of
those seeking and needing homes on the
public domain.
RECOGNIZED BY CONGRESS.
"If had any doubt would be confirmed
in this course by what may be regarded as
distinct recognition by Congress of the
correctness of its policy, to be found in sec.
tion 3 of the act of April 21, 1876, Us stat.
81 where it is said That all such pre-
emption and homestead entries which may
have been made by permission of the land
department.. or i'll pursuance of the rules
and Instructions thereof, within the limits
Of auy land grant at time subsequent to
the expiration of such grant, shall be deemed
valid, and compliance with the laws and the
making Of the proof required, shall entitle
the holder of such claim to a patent.
OItDEhED HESTORED.
II therefore direct that all lands under
Withdrawals heretofore made and held for
indemnity purposes under grant to the At
lantic and Pacific Railroad Company be re-
stored to the public domain and opened to
settlement under the general land laws, ex-
cept such lands as may be covered by ap-
proved selections, provided the restoration
shall not affect rights acquired within the
primary or granted limits OF any Con-
gressional grant. AS to the lands covered
by unapproyed selections, applications to
make filings and entries thereon may be re-
ceived, noted, and held subject to the claim
of the company, of which claim the appli-
cant must be distinctly informed and a
memoranda thereof entered upon his papers.
NOTIFYING THE COMPANY.
whenever such application to file or
enter is presented, alleging upon sufficient
pr7mG fdcie, showing that the land is from
any cause not subject to the companys
right of selection, notice thereof
viii be given to the proper repre-
sentative of the company, which will
be allowing thirty days after the service
of said notice within which to present OBJ
jections to the allowance of such filing or
entry.
SHOULD the company fail to respond or
show cause before the local officers why the
application should not he allowed said appli-
cation for filing OF entry will be admitted
and the selection held for cancellation, but
should the company appear and show cause
an investigation will be ordered under the
rules OF practice TO determine whether said
lnnd Is subject to the right of the company
to make selection of lhe same, which shall
be determined by the register and receiver,
subject to the right of appeal III either part.
APPEALS MUST BE PUSHED
when appeals are taken from the de-
clslon of the register and receiver to your
Office in the class of cases herein provided
for, you will dispose of them without delay,
and If the decision of yonr office shall be in
favor of the company, and no appeal be
taken, the land shall be approved or certi-
fled for patent without requiring further
action on the part of the company. If the
decision of your Office should be adverse to
the company, and no appeal he taken, the
selection will be cancelled and the filing or
entry be allowed, subject to compliance with
the law.
TO TAKE EFFECT IMMEDIATELY.
THE order of revocation herein directed
shall take effect as soon as issued, but filings
and entries of lands embraced therein shall
hoC be received until after giving notice Of
the same by public advertisement for q
period of thirty days, it being the intention
OF THIS order that as against actual settle
ment hereafter the order of the department
Withdrawing said lands shall no longer he
an obstacle. The rights heretofore attach
ing, both of the company and of settlers,
will be decided according to the facts in each
case.
GIVEN EVERY CHANCE.
If any lists of selections have been pre-
sented by the company with tender OF
lees which hnU haq,1 T.niactnI and mot, nI0npI
on file, and noted on the records of the local
Office, you will, if said lists are in
your office, or in the local Office,
cause said selections to be noted
on record Immediately, and il such lists are
not in your office or the local Office you win
advise the attorney of the company that
they will be allowed to file in the local
Office said lists of selections and the same
viii be noted on the records as of date
When first presented, provided the same be
presented before the lands are opened to
HllupS and pnt,.ipc -